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Katie's Law: Federal bill named for slain NMSU student heads to president

By Diana Alba Soular/dalba@lcsun-news.com

Posted:
12/31/2012 05:04:24 PM MST

LAS CRUCES — In 2013, a heartbreaking 10th anniversary of the death of New Mexico State University student Katie Sepich will happen.

And with the start of the new year, Katie's parents and New Mexico Gov. Susana Martinez are praising the passage of a federal law bearing the name of the late, 22-year-old woman. Congress cleared the bill late last week, and it's expected to be signed by the president in coming days.

It's a measure, they said, that could boost the odds that violent offenders in other states will face justice.

Jayann Sepich, mother of Katie Sepich, said in a statement that she was "incredibly grateful" to U.S. lawmakers for passing the bill.

"H.R. 6014 will provide that funding and ensure that law enforcement has reasonable access to the best tools available to both identify and exonerate suspects in heinous crimes," Sepich said in a statement.

Katie Sepich, originally from Carlsbad, was raped and killed in Las Cruces in the fall of 2003.

The new federal measure, though named after the former NMSU student, isn't the national equivalent of a New Mexico statute, dubbed "Katie's Law," approved by state lawmakers in 2006. Rather, supporters said, the federal law gives incentive for more states to pass their own versions of the New Mexico legislation.

More specifically, the federal bill opens up a pool of start-up dollars for states that adopt laws similar to New Mexico's.

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That law allows authorities to keep DNA samples on file for people who've been arrested —but not yet tried —for felony crimes. For instance, it could reimburse states for the cost of DNA-testing equipment."

"Katie's Law is a sensible approach that would give law enforcement the tools they need to help solve crimes and prevent heartbreaking tragedies like Katie's from happening in the future," said U.S. Sen. Tom Udall, D-N.M., a co-sponsor of the bill in the Senate, in a news release.

Constitutional?

So far, about half the states in the nation have passed measures similar to the New Mexico Katie's Law. Prior to the 2006 law, DNA samples were only taken for convicted offenders.

The U.S. Supreme Court is taking up the question of whether such laws allowing for pre-conviction DNA collections are constitutional. Gov. Martinez, a former Doña Ana County district attorney, has waded into the case by filing a third-party brief.

The recent federal measure will "bolster" arguments on behalf of Katie's Law later this year in the Supreme Court, Martinez said in a statement.

"As the prosecutor of Katie Sepich's murderer, I saw first-hand the value of DNA collection," she said. "We identify killers and rapists who have yet to be caught, and in doing so, we prevent other crimes from occurring."

Martinez said the measures also cut time and expense on "otherwise lengthy investigations."

In New Mexico, Gabriel Avila, the man who raped and murdered Katie Sepich in 2003, was not pinpointed for those crimes for three years. This occurred after he provided a DNA sample because of his conviction for unrelated felonies. Avila was convicted in 2007.

Origins

The federal law was first proposed by former U.S. Rep. Harry Teague, D-N.M., in 2010. The measure later was sponsored by his successor, Congressman Steve Pearce, R-N.M.

"With this bill, Katie's memory will live on, and her legacy will help protect countless other would-be victims," said Pearce, soon after the House passed the bill.

In New Mexico, Katie's Law got its start with state Sen. Mary Kay Papen, D-Las Cruces, who was joined by former Sen. Vernon Asbill, D-Carlsbad. The two later worked with Martinez to expand the scope of crimes for which DNA could be collected from alleged violators.

Papen said the law has not only led to more crimes being solved, but also to some improperly accused people being acquitted. She said the federal government proposing more funding to states is a positive step.

"I think it's wonderful," she said.

Outgoing U.S. Sen. Jeff Bingaman, D-N.M., credited the Sepich family for their advocacy.

"This would never have happened without their extraordinary efforts," he said.

Diana Alba Soular can be reached at (575) 541-5443; follow her on Twitter @AlbaSoular